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cover
The Complete Works of Montesquieu. Electronic Edition.
cover
Volume I.
Body
BOOK VI.: CONSEQUENCES OF THE PRINCIPLES OF DIFFERENT GOVERNMENTS WITH RESPECT TO THE SIMPLICITY OF CIVIL AND CRIMINAL LAWS, THE FORM OF JUDGEMENTS, AND THE INFLICTING OF PUNISHMENTS.
CHAP. XVIII.: Of pecuniary and corporal Punishments.

CHAP. XVIII.: Of pecuniary and corporal Punishments.

OUR ancestors, the Germans, admitted of none but pecuniary punishments. Those free and warlike people were of opinion, that their blood ought not to be spilt but with sword in hand. On the contrary, these punishments are rejected by the Japanese†196, under pretence that the rich might elude them. But are not the rich afraid of being stripped of their property? And might not pecuniary penalties be proportioned to people’s fortunes? And, in fine, might not infamy be added to those punishments?

A good legislator takes a just medium; he ordains neither always pecuniary, nor always corporal, punishments.